[1949] EACA 51
The Court held that although the practice of having a policeman who previously questioned the accused present during a confession is undesirable, the confession in this case was sufficiently corroborated by independent evidence, including eyewitness testimony and physical evidence. The detailed nature of the...
Source-derived case information.
- Citation
- [1949] EACA 51
- Parties
- Appellant: Muraki s/o Nakimolo; Respondent: Rex
- Court
- East African Court of Appeal
- Jurisdiction
- Uganda
- Case Number
- Criminal Appeal No. 227 of 1949
- Procedural Posture
- Criminal Appeal / Appeal Judgment
- Outcome
- appeal dismissed; conviction for murder upheld
- Judges
- Edwards CJ, Graham Paul CJ, Gray CJ
- Legal Topics
- Murder, Confession Evidence, Corroboration, Retracted Confession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Muraki s/o Nakimolo
Appellant
Rex
Respondent
Procedural Posture
Criminal Appeal / Appeal Judgment
Legal Issues
- 1 Whether the confession made by the appellant was admissible and reliable given the presence of a policeman who had previously questioned him.
- 2 Whether there was sufficient corroboration of the retracted confession to justify conviction for murder.
Ratio Decidendi
The Court held that although the practice of having a policeman who previously questioned the accused present during a confession is undesirable, the confession in this case was sufficiently corroborated by independent evidence, including eyewitness testimony and physical evidence. The detailed nature of the confession and the supporting facts justified the trial court's conclusion. Therefore, the conviction for murder was upheld and the appeal dismissed.
Court Disposition
appeal dismissed; conviction for murder upheld
Orders
- The appeal is dismissed.
- The conviction for murder is affirmed.
Full Case Text
Judgment text and source record
12 paragraphs
## COURT OF APPEAL FOR EASTERN AFRICA
Before SIR GRAHAM PAUL, C. J. (Tanganyika), EDWARDS, C. J. (Uganda), and SIR JOHN GRAY, C. J. (Zanzibar)
## MURAKI s/o NAKIMOLO, Appellant (Original Accused)
REX, Respondent (Original Prosecutor) Criminal Appeal No. 227 of 1949
(Appeal from decision of H. M. High Court of Uganda-Stuart, Ag. J.) Murder—Confession—Presence of policeman who had questioned appellant.
A confession was made to a police officer whilst a policeman who had previously questioned appellant may have been present.
*Held* $(2-11-49)$ .—(1) The practice was undesirable.
(2) There was ample corroboration of the retracted statement.
JUDGMENT (delivered by SIR GRAHAM PAUL, C. J.).—The appellant appeals to this Court against his conviction for murder. The conviction was by the High Court of Uganda.
The appellant made to a police officer a statement in which he made a full confession. The statement from its particularity of detail bears an impression of truth but it is suggested for the appellant that it was extorted from him by force and it has been retracted. The learned trial Judge examined the evidence and found corroboration of the retracted statement. We note that a policeman who had previously questioned the appellant was, or may have been, present when the confession was made to his superior officer. This we think is undesirable and should be avoided.
However, apart from the confession there was ample evidence, the eyewitness Muduwa a former wife of the appellant, the finding of the spear-head which was pointed out by the appellant, and the appellant's own statement at his trial, and the evidence of the defence witnesses, to justify the conclusion at which the learned Judge and assessors arrived. We consider that the appellant was rightly convicted of murder and the appeal is dismissed.
G. P. K. $1661 - 800 - 9/51$